MacTampa Terms of Use
Please forgive us for having to make you read the following, but in this age of suit-happy
lawyers and consumers, we have to.
TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY, BECAUSE USE OF THE SITE CONSTITUTES ACCEPTANCE OF
THESE TERMS AND CONDITIONS.
The following are terms of a legal agreement between you and MacTampa, its publishers,
subsidaries and affiliates. By accessing, browsing and/or using this site, you acknowledge
that you have read, understood and agree to be bound by these terms and to comply with all
applicable laws and regulations. These terms may be changed at any time without notice.
This site provides a range of information about computer hardware, software and related
products, including without limitation product descriptions, pricing and editorial commentary
(collectively called information). Although we try to provide Information
that is useful, we cannot possibly insure the accuracy of all of the Information at all times
(specs, hardware/software designs, pricing, etc. are changed without notice by manufacturers
all the time). You should not rely on the information in situations where its inaccuracy would
cause you to suffer any significant loss. All reader comments and opinions do not necessarily
represent those of the site publisher.
THE INFORMATION ON THIS SITE IS PROVIDED AS IS, WITHOUT WARRANTY AND
WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
The various products referenced or reviewed on this Site (hereafter referred to as
products) are provided by third party vendors. We do not sell, resell or
license any of these products, and disclaim any responsibility for or liability related to
the products. Any questions, complaints or claims related to any product should be directed
to the appropriate vendor.
The Information is being provided free of charge for non-commercial purposes. Accordingly,
WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY
YOU OR ANY OTHER USER OF THIS SITE IN CONNECTION WITH OR AS A RESULT OF THE INFORMATION
OR THE PRODUCTS, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE AND EVEN IF WE HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All email sent to the site unless specifically noted otherwise is considered postable to
the site pages (with email addresses always removed). If your comments are private and
not for public posting, please indicate so in the email.
User Conduct
(A) The User shall use MacTampas Web Site and System (here-in-after known as the
System) for lawful purposes only. User shall not post or transmit through
the System any material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without MacTampas express prior approval, contains advertising or
any solicitation with respect to products or services except as may be allowed for within
the guidelines set forth for the System. Any conduct by a User thatin MacTampas
discretionrestricts or inhibits any other User from using or enjoying the System will
not be permitted. User shall not use the System to advertise or perform any commercial
solicitation (except as otherwise noted), including, but not limited to, the solicitation
of users to become subscribers of other on-line information services competitive with the System.
(B) User shall not upload, post or otherwise make available on the System any material
protected by copyright, trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with User. User shall
be solely liable for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting material to any
public area of the System, User automatically grants, or warrants that the owner of such
material has expressly granted MacTampa the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Any transmssion to this Site by
any means will be treated as non-confidential and non-proprietary, and may be disseminated
or used by MacTampa, its subsidaries and affiliates for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products. User also permits
any other User to access, view, the material for that Users personal use. This
sites Reviews, Comments, Content, Benchmark Results and Images are not to be
reproduced in any form without prior written permission.
(C) The foregoing provisions of this Section are for the benefit of MacTampa, its
subsidiaries, affiliates and its third party content providers and licensor and each
shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability
(A) THE USER EXPRESSLY AGREES THAT USE OF THE SYSTEM IS AT USERS SOLE RISK. NEITHER
MACTAMPA, GERALD LUCAS, GILES HOOVER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MACTAMPA
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SYSTEM, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SYSTEM.
MACTAMPA HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE SYSTEM AND IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE SITE.
(B) MACTAMPAS SYSTEM IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT MACTAMPA
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL MACTAMPA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING MACTAMPA WEB CONTENT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SYSTEM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SYSTEM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER MACTAMPA, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SYSTEM, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NEITHER MACTAMPA, NOR ITS AFFILIATES OR INFORMATION
PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF
THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION PROVIDED ON THE SYSTEM.
Indemnification
User agrees to defend, indemnify and hold harmless MacTampa, its affiliates and their
respective directors, officers, employees and agents from and against all claims and
expenses, including attorneys fees, arising out of the use of MacTampas System by
the User or the Users Account.
Miscellaneous
This Agreement and any operating rules for the System established by MacTampa constitute
the entire agreement of the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the State of
Florida, without regard to its conflict of laws rules. No waiver by either party of
any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for convenience
only and shall not be given any legal import.
MacTampa may at any time revise these Terms of Use by updating this posting. By using
this Site, you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Terms of Use to which you are bound.
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